COMPLAINT AND SUMMONS
The Summons will list the information for the landlord and any tenants. It is an order from the landlord, also known as the plaintiff, summoning the tenants, also known as the defendants, to appear before the Housing Court.
This is a legal document that will outline the basis or reasons that you are evicting the tenants.
All adult occupants living at the premises must be named as defendants. If you do not know the name of the adult occupants then they should be named as John Doe or Jane Doe as the case may be. Failure to name a known occupant could delay the eviction process and lead to additional fees and costs.
The Complaint and Summons will also set a Return Date. The Return Date is the date by which the tenants must file their Answer. An Answer is basically the tenants response to the allegations raised by the landlord in his or her summons and complaint. The Answer date must be at least six (6) day after service and can unlike civil actions can be returned on any day that is not a Sunday or holiday. The tenant has until two days after the Return Date to file his or her Answer. If an Answer is not filed by that time then the tenant will be defaulted. The landlord would need to file an Motion for Default and Possession and would need a Military Affidavit. If an Answer is filed then the landlord would need to file a reply. After filing a Reply the Court will set the case down for a summary process trial, usually 2-3 weeks in the future.